Contents of issue # 9/2018

Law Facing the Challenges of Digital Reality  Pdf 16

T. Y. KHABRIEVA

director of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, academician of the Russian Academy of Sciences, doctor of legal sciences, professor, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: office@izak.ru

Technological breakthrough by which the world is so inspired, is an important factor in the development of modern society. It is obvious that the formation of a new reality is taking place - the “digital one”, which has no analogues in the history of mankind. Various spheres of public life are suffering changes, as well as social institutions and regulators. Law becomes not only a tool, an instrument that provides for the adaptation of the economy, management and other segments of social life to new conditions, but also the object of the impact of digitalization, as a result of which it changes its forms, content, mechanism of formation and action. The state reacts differently to the challenges of the digital reality, trying to manage the ongoing transformations and regulate new, as well as altering social relations. Readers are invited to analyze the results of the study, reflecting the author’s observations of the metamorphoses of law and legislation, assessing changes and trends in their dynamics, hypotheses, doctrinal decisions and forecasts of the future state of law.

Keywords: state, legislation, information, information array, source of law, law, legal regulation, form of law, digital reality, digitalization, digital technologies.

DOI: 10.12737/art_2018_9_1

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Legal and Real Principles of Law  Pdf 16

S. B. POLYAKOV

professor at the Department of theory and history of state and law of the Perm State National Research University, doctor legal sciences, associate professor
15, Bukireva st., Perm, Russia, 614990
E-mail: e-mail: psb59@rambler.ru

Principles and norms are the substance of law, which exists in its forms provided by state, and the most important of those forms are the legislation and court decisions. We discover an indication of values in relations between people in forms of law. The principles of law, unlike moral regulators, exist in forms of law, but they are also similar to them in the perspective of formal uncertainty of values. That’s why they can eliminate most of contradictions between moral and legal norms, which can be brought by the formal certainty of legal norms, and also to provide flexibility of legal regulation. The existence of legal principles (value in relations between subjects of law, in solvation of conflicts between them) is not enough for the ordinary law enforcement practitioner. The court practice helps him. Concretization of purport and resolution of conflicts between them in court decisions harmonizing the legislation. But it is necessary to admit, that court practice is often change the meaning of legal norms created by the legislator, and establishes the legal order, which contradicts to the legislation. Those decisions are also change the system of values, created by the legislator. Recognition and resolution of conflicts of legal and judicial principles and norms of law is necessary. The methods of formal-legal analysis of the legislation and the complex of methods of monitoring of law enforcement practice helps to find the principles of law, created by the court practice, when such creations seriously obstruct the realization of principles, provided by the legislation. To overcome the contradictions between legal and real principles of law it is necessary to expand the practice of judgements of the Constitutional Court of the Russian Federation on complaints on unconstitutionality of legal norms by the meaning, given to them by the law enforcement practice, as well as to include into the legislation the acts of court lawmaking as the form of Russian law. Moreover, it is important to determinate the margin of court lawmaking and rules of conflict solvation in situations of collisions between legal and judicial principles and norms.

Keywords: legal principles, values, forms of law, court lawmaking, contradictions, Constitutional Court.

DOI: 10.12737/art_2018_9_2

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Modern Trends of Integration and Differentiation of Legal Regulation  Pdf 16

A. I. ABRAMOVA

leading research fellow of the Department of theory of legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: theory@izak.ru

The problem of the systemic structure of Russian law, the increase of its regulatory capacity in the conditions of expanding the boundaries of legal regulation, intensive development of branches of law and legislation, remains relevant. The article is devoted to the study of problematic issues of integration and differentiation in law. In the process of research, a formal legal method, a method of legal modeling, a method of intersectoral analysis, a system-structural method are used. The goals and objectives of the study are the system analysis of the processes of integration and differentiation, the development of new standards in understanding these processes, determining their priority, the optimal combination in relation to different areas of legal regulation. The unity and interrelation of the processes of differentiation and integration are explored. Their influence on the development of the modern legal system is shown. The increasing importance of integrating cross-sectoral legal regulation is emphasized in connection with the obvious tendency of further convergence of branches of law and legislation in solving social, economic and political problems. One of the goals of this approach is to limit the unidirectional predominance of differentiation processes leading sometimes to an unjustified expansion of the legal system, to a numerical increase in its main components. Particular attention is paid to the problem of complex legal entities. The author comes to the conclusion that due to the complex nature of the rules that form the legal complex can not be limited to the subject and method of a separate branch of law. At the same time, the interconnection of these norms creates the basis for their transformation and uniform expression in the system of legislation, thus ensuring the integration of inter-sectoral legislative regulation.

Keywords: legal regulation, legal system, differentiation, integration, branch, complex legal education.

DOI: 10.12737/art_2018_9_3

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International and National Regulation of Capital Movement and the Constitution of the Russian Federation  Pdf 16

N. G. SEMILYUTINA, N. G. DORONINA

N. G. SEMILYUTINA, head of the Department of civil law of foreign countries of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: foreign3@izak.ru

N. G. DORONINA, chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: gis.doronina@yandex.ru

Constitution of the Russian Federation is applied to solve the problems of capital movement as far as the national interests are concerned. The article is devoted to both external and internal problems of the global regulation of capital movement that is the correlation of the national investment regulation and the Bilateral Investment Treaties (BITs). The Constitution of the Russian Federation contains the resolution of external problems that are concerned in the formula of the hierarchy of the sources of law (Art. 15 part 4 of the Russian Constitution). The Constitutional Court of the Russian Federation gave its comment as far as the realization of the resolution of European Court for Human Rights in the Russian Federation. The investment regulation (realization of ICSID Arbitration resolutions) was taken as the example of the attitude of Russian national system to the authority of international sources of law. The priority of the rule of international law was completed with the interpretation of Constitutional Court of the Russian Federation according to which the international rule of law should not be realized in contradiction with the rules of Constitution of the Russian Federation. This comment is important when protecting national interest. Another problem which is analyzed in the article is of internal character. Investment regulation is in the competence of federal bodies and of the bodies of subjects of the Russian Federation. The demarcation line between the competence of federal and regional state bodies is not so clear in the field of investment regulation as it can be wished. The experience of the first laws on foreign investments in the Russian Federation demonstrates the equality in the competence of different levels of management in capital movement. The authors come to conclusion that the protection of Russian investors and the guarantees for foreign investors are in the competence of federal state bodies. The effectiveness of capital movement regulation depends on the attitude of State to the united capital market in the international region of the former soviet republics. The Commonwealth of Independent States made several attempts to create international financial market on the basis of national financial markets. The Euroаsian Economic Union has the legal framework for the regional capital market.

Keywords: human rights, international treaties, international public law, private international law, globalization, capital movement, international law, national legal regulation, investment law.

DOI: 10.12737/art_2018_9_4

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Development of Concept of Constitutional Identity in Connection with the Search for Approaches to Resolving of Collisions of Constitutional Regulators and Law of the European Convention of Human Rights  Pdf 16

S. A. GRACHEVA

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: sinobi_unit@mail.ru

The article analyzes the grounds for the development of the concept of constitutional identity in the domestic law, the content of discourse in this respect. The author traces the interrelation between the establishment/exacerbation of the topic of constitutional identity and the recent convention-constitutional collisions, while attention is paid to the fact that this concept is of quite serious theoretical and practical value and is not connected with the problems of such collisions. The paper notes that the interpretation of the constitutional identity proposed in the domestic legal doctrine and practice in the aspect of interaction of legal systems, the detection of collisions in their “constituent” regulators has a dual orientation. On the one hand, it presupposes the allocation (with the participation of a constitutional actor) of the field of legal regulation and the competence of the state, which have some “immunity” in connection with the operation of international obligations. On the other hand, constitutional identity is viewed as a convenient methodological tool that allows the application of new approaches to the harmonization of national and international law in conditions of divergence of the provisions of their main regulators. Discussion of the constitutional identity similar to many other topical problems, makes it possible to discover a request for the need to set and resolve new tasks in law. Among them are ontological issues of coexistence of law and order (legal and non-legal nature, interrelationship principles), axiological tasks of law (allowing, in particular, to identify regulators’ conflicts in terms of their value-legal basis), methodological problems of legal activity, which are increasingly in communication with these collisions fall into the focus of research attention.

Keywords: constitutional identity, conventionally-constitutional conflicts and collision, interpretation of law, the Constitutional Court of the Russian Federation, the European Court of Human Rights.

DOI: 10.12737/art_2018_9_5

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Social and Economic Functions of Business Activity in Reflection of Standards of Constitutional Right  Pdf 16

E. M. YAKIMOVA

associate professor at the Baikal State University, candidate of legal sciences, associate professor
11, Lenina st., Irkutsk, Russia, 664003
E-mail: yakimova_katerin@mail.ru

Successful development of elements of civil society leads to the fact that a part of social functions undertakes not the state, and other subjects, including businessmen that is caused by existence of various factors of behavior of members of society. The modern system of managing leads to transformation of habitual ideas of a role of various subjects in development of society. Collision of interests of the state, society and business leads to emergence of new forms of interaction, however in certain historical conditions, they can prove differently. Features of a regulation of the specified legal relations cause need of judgment of the concept of further change of composition of legal regulation of business activity first of all from a position of the constitutional bases of economic system of society. In article display in constitutional precepts of law of ideas of essence of business activity, that loading which businessmen as the most active members of society have to bear is analyzed. In the Constitution of Russia economic function of business has received reflection, however the analysis of the legislation of the constitutional value allows to draw a conclusion on legal fixing of social function of business. Combination standard principles of scientific knowledge (objectivity, systemacity, development, determinism, etc.) and special methodological principles of knowledge of the social and legal phenomena (right recognition as expressions of formal equality; the universality, indivisibility and coherence of human rights, etc.) have allowed to reveal sense of the constitutional instructions about essence of business activity. The article concludes that Russian legislation regulates both the economic and social function of entrepreneurship, however, shifting the emphasis on social function through coercion is hardly justifiable, since the use of methods of persuasion and encouragement can produce a greater result. The combination of rights and obligations of economic entities in the sphere of social partnership, taking into account the principle of voluntary participation in social projects, allows building a mutually beneficial system of interaction between entrepreneurs and society-state.

Keywords: constitutional regulation, bases of the constitutional system, human right, social partnership, business functions, economic rights.

DOI: 10.12737/art_2018_9_6

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Moral Bases of the Labor Law  Pdf 16

A. F. NURTDINOVA

chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal science
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: labour@izak.ru

Morality, being the general basis for all social regulatory systems, performs two significant functions in the field of law. Firstly, moral values directly or indirectly influence the content of legislative acts. Secondly, morality as a sum of social norms, regulations and traditions is a specific benchmark, criteria for assessing legal norms. Labour law is based on the idea of humanism. From its point of view an employee, his life, safety, health, professional self-realization and dignity are very important for the society. Economic, social and organizational position of the employee, in comparison with the employer’s position, is recognized as weak and vulnerable. So the principle of justice - not just formal equality - becomes the main principle of labour law. In according with this principle economic and social disparity between an employer and an employee must be balanced by giving advantages and providing special rights to the latter. As a result a labour protection system (in a broad sense) was formed. This system involves protection of employees’ economic interests, occupational safety, taking into account family situation of the worker. Employees have special guarantees of the realization of rights in such spheres of public life as participation in trade union activity, elections, receiving an education etc.

Keywords: morality, justice, economic interests of an employee, protection of labour, family status.

DOI: 10.12737/art_2018_9_7

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On Issue of Individual Treaty Regulation in Employment Relation: Essence, Value and Limits of Realization  Pdf 16

I. A. GLOTOVA

deputy head of the Law Department, associate professor at the Department of constitutional and municipal law of the Law Institute of the Chelyabinsk State University, candidate of legal sciences
129, Bratiev Kashirinyh st., Chelyabinsk, Russiа, 454001
E-mail: glotova.i.a@mail.ru

Some aspects of individual treaty regulation in employment rеlation are considered in the article. The aim is to identify dynamics of changing in essence and framework regulation of employment and other linked relation, as well as analyzes of individual treaty regulation essence of specified relations. Different scientific research methods, such as dialectic, analyzes and synthesis, abstraction and concretization are applied in the article. Sharing such categories as individualization of treaty conditions and concretization as a means of juridical technique with reflecting its correlation are given in the article. Examples include expansion of individual treaty regulation in different areas of employment relations. The major bias towards individual treaty regulation in employment relation with some category of employees is noted in the article. They include individuals employed by persons. At the same time, the legislative strengthening of the role of the employment contract in relations with employers is evaluated. Thus, the meaning of an employment contract consists in the special regulating nature of the employment relationship in relation to the actual social relations. In this sense, the legal relationship acts as an active component of the mechanism of legal regulation, which is filled with a certain content of subjects of law, taking into account specific circumstances of life. Individual treaty regulation in employment relation should be maintained with meeting the requirements and limits in order to avoid adverse impact for the parties such as violation of balance in rights and interests, disempowerment of employee’s right.

Keywords: employment agreement, law, autonomy, individualization, regulation.

DOI: 10.12737/art_2018_9_8

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Secular Nature of School in the Russian Federation  Pdf 16

S. V. YANKEVICH, N. V. KNYAGININA

S. V. YANKEVICH, director of the Center for education law of the Institute of education of the National Research University “Higher School of Economics”, candidate of legal sciences
16/10, Potapovsky lane, Moscow, Russia, 101000
E-mail: syankevich@hse.ru

N. V. KNYAGININA, junior research fellow of the Center for education law of the Institute of education of the National Research University “Higher School of Economics”
16/10, Potapovsky lane, Moscow, Russia, 101000
E-mail: nknyaginina@hse.ru

In the world there are no many countries with the secular nature of education. Clerical elements in education are found in such countries as Poland, Italy, Finland, etc. The Russian legislation establishes secular nature of education in state and municipal schools. Secular nature of education in Russia is visible in the regulation of school uniforms and teaching “The Fundamentals of Religious Cultures and Secular Ethics” at school. The article contains the analysis of the regional acts on school uniform and the main provisions of these acts concerning the secular nature of education. The review of regional legislation is supplemented by an analysis of jurisprudence on religious attributes in school uniforms. Judicial decisions concerned the wearing of a headdress in school. It is interesting that the courts in their decisions (prohibition of wearing a headdress) relied not only on the secular nature of education, but also on sanitary norms. Also the article contains the results of research on the second aspect of the secular nature of education in Russia - the subject “The Fundamentals of Religious Cultures and Secular Ethics” established by Federal State Educational Standards. The authors conclude that the general education in Russia is not completely secular in several aspects. Further development of jurisprudence, legislation or education system can change the situation: religious aspects could be included in school life or more strictly settle the secular nature of school education.

Keywords: education, secular nature, religion, religious education, school uniform, Russia.

DOI: 10.12737/art_2018_9_9

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Economic and Legal Preconditions and Institutions for the Reduction of Economic Differentiation in Socio-Economic Development of the Constituent Entities of the Russian Federation  Pdf 16

A. R. BAKHTIZIN, Ye. M. BUKHVALD

A. R. BAKHTIZIN, director of the Central Economics and Mathematics Institute of the Russian Academy of Sciences, chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of economic sciences, corresponding member of the Russian Academy of Sciences
47, Nakhimovsky ave., Moscow, Russia, 117418
E-mail: albert.bakhtizin@gmail.com

Ye. M. BUKHVALD, chief research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of economic sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: buchvald@mail.ru

The state policy of regional development plays a major role in regulating the spatial structure of the Russian economy. In this connection the legislative approval of the strategic planning practice, including its spatial context, requires an urgent determination of the system of priority objectives of the federal regional development policy, as well as the identification of the range of basic institutions and tools necessary to achieve these priorities. This largely concerns such priority of federal policy as overcoming of the socio-economic differentiation of the Russian Federation’s regions. The article outlines the main institutional and legal prerequisites for the solution of this problem. Special emphasis in the article is made on the need to finalize and adopt the Federal law on the basics of regional development policy, reflecting the requirements, which are dictated to this policy in connection with the transition to the strategic planning system. The law, in particular, should consolidate the consistent overcoming of economic differentiation of the constituent entities of the Federation as one of the key priorities of the state policy for regional development. At present, it is essential to fix in the legislation the typification of the constituent entity of Federation as the main principle of the state policy of regional development. This typification should become the basis for targeted use of all the main institutions and instruments of the regional policy of the state in relation to different types of regions with an emphasis on the conditions and incentives for self - development of the constituent entities of Federation. The law should specify the role and interaction of macroregions and Federal districts as objects and subjects of strategic planning and regional development policy since today this issue has different interpretations.

Keywords: Russian regions, economic differentiation, legal regulation of regional development policy.

DOI: 10.12737/art_2018_9_10

 

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State Control in Modern Russia: Proposals on Its Improvement in the Field of Life Safety  Pdf 16

V. A. VINOKUROV

professor at the Department of theory and history of state and law of the Saint-Petersburg University of State Fire Service of EMERCOM of Russia, doctor of legal sciences, honored lawyer of the Russian Federation
149, Moskovsky ave., St. Petersburg, Russia, 196105
E-mail: pravo.kaf_tigp@mail.ru

The article is devoted to certain issues of state control (supervision) and municipal control, established by the Federal Law “On protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”. The need for state control (supervision) and municipal control is not disputed by scientists or practitioners. However, the implementation of the Federal Law adopted in 2008 revealed its shortcomings, which allowed arising of some conditions that led to unjustified victims. The Constitution of the Russian Federation defines a person as the highest value, so any activity should be built in such a way that the life and health of people are not endangered. This should contribute to the state control (supervision) and municipal control, including the state control of life safety. The purpose of research is to analyze of some definitions of the Federal Law “On protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control”, in particular, to provide a single period routine inspections (no more than once in three years) and the right of prosecution bodies of the Russian Federation to make decisions on refusal to conduct unscheduled inspections without any responsibility for the decisions taken, as well as a number of regulations introduced by the Government of the Russian Federation in December 2017 to the State Duma of the draft Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation”. Some of the principles of organization and implementation of state control (supervision) and municipal control were critically analyzed in the proposed innovations. Among them are the possibility of granting state and municipal institutions, rights for the implementation of the state fire supervision, the need for a lot of documents, which reduces the effectiveness of the implementation of control (supervision). The author formulates specific proposals to improve state control (supervision) and municipal control in the sphere of life safety, including the amendments of the draft law submitted by the Government of the Russian Federation, as well as criminal legislation and legislation on administrative responsibility.

Keywords: state control (supervision) and municipal control, life safety, values protected by law, life and health of citizens, responsibility.

DOI: 10.12737/art_2018_9_11

 

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Implementation of Legitimate Interests on the Internet  Pdf 16

M. E. CHEREMISINOVA

head of the Department of scientific publications of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mech.july@yandex.ru

The article deals with the legitimate interests of individuals and legal entities operating on the Internet. On the basis of materials of judicial practice (domestic and European Court of human rights) the problems of realization of legitimate interests in the conditions of digital economy, when personal data are involved in economic relations, and most of the subjects are in the conditions of technological and social experiment, are revealed. Special attention is paid to the role of the state as one of the stakeholders in the development, use and regulation of Internet processes. One of the main problems, which are considered in this article, is the determination the ratio of the rights to protect the privacy of correspondence, personal life of Internet users and the right to freedom of business activity, as a result of which there is a multistage paid transfer of personal data to an indefinite circle of persons. The analysis of the terms of user agreements concluded between the administration of social Internet networks and users, which involve the processing of personal data of users outside their jurisdiction. On the basis of such analysis, the provisions that may cause difficulties in the implementation of users’ rights and legitimate interests are identified. The work is aimed at finding adequate ways of legal regulation in view of the emergence of new rights in the system of law, such as the right to be forgotten, the justification of which is currently under active discussion. The conclusion is that in the conditions of uncertainty of legal consequences caused by the rapid development of Internet technologies and the involvement of a large number of people in the relations implemented on the platforms of digital networks, the application of legal experiment is justified, which will require further theoretical developments in this area.

Keywords: legal interests, digital economy, personal data management, uncertainty of legal consequences, legal experiment.

DOI: 10.12737/art_2018_9_12

 

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National and International Courts: the Dialogue Needed  Pdf 16

B. I. OSMININ

leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of legal sciences, honored lawyer of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mp3@izak.ru

The established rule of international law is that a state may not invoke the provisions of its domestic law as a justification for non-compliance with international obligations. The increase in the number of rules of international law aimed at regulating the domestic relations creates a broader sphere of contact between domestic and international law, which in turn creates the potential for greater conflict between the two systems of law. International law cannot itself exercise its supremacy at the national level. The effect of international law depends on how the conflict between international law and domestic law is resolved in each national legal system. In most States, international treaties are considered to be hierarchically lower than constitutions, that is, constitutions should prevail in case of conflict. National courts can give effect to international law in the domestic sphere, using “harmonization techniques”, or apply such techniques as to evade the application of international law. With regard to compliance by national courts with the decisions of international courts, there are examples where national courts do not follow the decisions of international courts. The Constitutional Court of the Russian Federation explained that the Constitution of the state has the supremacy and therefore the ECtHR’s decisions, which contradict it, cannot be executed in Russia. It is not a conflict between the Convention for the protection of human rights and fundamental freedoms as such and national constitutions, but a conflict of interpretation of the Convention provision given by the ECHR in the decision and the provisions of national constitutions in their interpretation by the constitutional courts. The constitutional Court of the Russian Federation considers it necessary to have a dialogue with the ECHR and seeks to avoid complications as much as possible.

Keywords: international law, domestic law, Constitution, international courts, national courts, harmonization methods, evasion methods, mixed loyalty, interpretation, supremacy.

DOI: 10.12737/art_2018_9_13

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International Political and Legal Aspects of the Use of Space Resources  Pdf 16

O. A. VOLYNSKAYA

second secretary of the Legal Department of the Ministry of Foreign Affairs of the Russian Federation, candidate of legal sciences
32/34, Smolenskaya-Sennaya squ., Moscow, Russia, 119200
E-mail: oavolynskaya@mid.ru

The article analyzes the current international legal regulation in relation to the long-term activities for the use of space resources. The problem of interpretation of the norms of international space law (ISL) and filling the gaps in it by individual States at the level of national legislation is studied. The purpose of the study is to determine the international legal framework for the exploration and use of the resources of celestial bodies and to assess the compliance with the laws adopted in a number of countries on the extraction and development of space resources, including for commercial purposes. The objectives of the study were to assess space resources and activities for their research and use from the standpoint of the ISL, a critical analysis of normative initiatives on this issue in individual countries, a review of the positions of the world’s leading experts in the field of ISL on such initiatives, as well as an assessment of the prospects for the development of the international legal regime for the research, use and development of space resources. The methodological basis of the research is general scientific and private scientific methods of cognition (dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical-legal methods). The author reveals that the basic principles and norms of the ISL are fully applicable to the perspective activity on research and use of space resources, including those carried out by private companies. It has been established that the adoption of national laws that are contrary to the existing international legal regime is nothing more than an attempt to interpret the ISL in the interests of the private space sector of individual countries and to impose such an approach to all States involved in space activities.

Keywords: space resources, Space Treaty, international space law, UN Space Committee, Legal Subcommittee.

DOI: 10.12737/art_2018_9_14

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Interaction between Commission on Coordination of Work on Anti-Corruption and Body for Prevention of Corruption and Other Offenses in the Constituent Entities of the Russian Federation with Law Enforcement Agencies  Pdf 16

Yu. V. TRUNTSEVSKY

leading research fellow of the Department of methodology of combating corruption of the Institute of legislation and Comparative law under the Government of the Russian Federation, doctor of legal sciences, professor
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: trunzev@yandex.ru

Interaction between executive authorities with law enforcement agencies at the level of the constituent entities of the Russian Federation is an anti-corruption institutional component. Analysis of the work’s results of the of the commissions on the coordination of anti-corruption in the Russian regions for 2016-2017 shows that in the presence of different types (forms) of interaction, the creation of special departments in certain subjects for cooperation with law enforcement agencies and anti-corruption, regional regulatory legal acts do not sufficiently regulate the tasks of ensuring coordination of work on combating corruption with the Prosecutor’s office and other law enforcement agencies, they do not take into account the specifics of the region and do not reflect their vision of solving anti-corruption problems, due to the detail of anti-corruption tasks and powers of the anti-corruption body. As members of anti-corruption commissions, representatives of various law enforcement agencies are not fully included in almost all regions. On the basis of the results of the interaction between bodies of the constituent entities of the Russian Federation on the prevention of corruption and other offenses with law enforcement agencies formulated proposals: in the constituent entities of the Russian Federation to adopt certain legal acts in the direction of cooperation with law enforcement agencies and anti-corruption, which “adapt” the model provisions and requirements for the functions and forms of anti-corruption work in the regions; include in the commissions of heads of all territorial law enforcement agencies, including the Prosecutor’s office and the court; in the Federal law “On combating corruption” in relation to the Prosecutor’s office (law enforcement) to establish the obligation to inform the bodies of the Russian Federation to prevent corruption and other offenses of all violations of employees, including municipal, anti-corruption legislation (corruption crimes).

Keywords: cooperation, coordination, anti-corruption, constituent entities of the Russian Federation, law enforcement agencies.

DOI: 10.12737/art_2018_9_15

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New Detailed Guide to the Law on Environmental Protection (Review of the Book: Commentaries on Russian Federal Law No. 7-FZ “On Environmental Protection”, January 10, 2002 / L. P. Bernaz, I. N. Zhochkina, N. V. Kichigin, etc.; ed. by N. I. Khludeneva. Мoscow, 2018. 528 p.)  Pdf 16

I. A. IGNATYEVA

professor at the Lomonosov Moscow State University, doctor of legal sciences

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Current Priorities of Administrative Law Modernization  Pdf 16

A. F. NOZDRACHEV, P. P. KABYTOV

A. F. NOZDRACHEV, head of the Department of administrative legislation and procedure of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of legal sciences, professor

P. P. KABYTOV, research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

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